TERMS OF TRADE

BULK HONEY AUCTION PROCEDURE

 

 1.              Background

 

 1.1           The Honey Network operates a Website (www.honeynetwork.co.nz and www.honeynetwork.com ) which connects Sellers of bulk honey with bulk honey Buyers in New Zealand.  

 

 1.2           These Terms of Trade set out the terms on which Sellers and Buyers will be permitted to have access to and to use the Website and the Services, and the terms governing the sale of bulk honey (“Product”) by Sellers to Buyers through the Website.

 

 1.3           Payments by Buyers to Sellers are not made through the Website.  The Honey Network recommends SafeKiwi (www.safekiwi.co.nz).

 

  2.             Terms binding

 

 2.1          By registering to use the Website, you accept these Terms of Trade as in force from time to time.

 

 2.2           The Honey Network may amend these Terms of Trade from time to time. You will be notified of amendments to these Terms of Trade through this Website, and amendments will come into effect one month after the date the amendments are posted.  By continuing to use the Website, you will be taken to have agreed to be bound by the Terms of Trade as amended.

 

 3.              Member registration

 

 3.1           Buyers and sellers must register to use the Website, by completing a paper registration form or registering online.  Membership is free.

 

 3.2           Members must be New Zealand registered companies, and the person completing the registration form must be a director or senior manager of the company.

 

 3.3           You must provide complete, accurate and current information when registering as a Member, and you must notify The Honey Network of any changes to such information.

 

 3.4           You must keep your Member information, including your email address and log-in password, secret and secure.  In particular, you must not:

   (a)          permit any other person to use your membership; and

   (b)         disclose, or provide to any other person, any information that may allow them to gain access to your membership.

 

 3.5           You may terminate your membership at any time by giving notice to us.

 

 3.6           The Honey Network may decline to accept your registration as a Member at its sole discretion and need not give you any reason.

 

 3.7           The Honey Network may terminate your membership at its sole discretion and need not give you any reason.  Without limiting the foregoing, your membership will be terminated if The Honey Network considers you have breached these Terms of Trade or brought The Honey Network or the Website into disrepute.

 

 4.              Seller’s obligations and warranties relating to Product listed by the Seller

 

 4.1           The Seller:

   (a)          shall only list on the Website, Product in respect of which the conditions set out in clause 4.2 are satisfied; and

   (b)         warrants in favour of the Buyer and The Honey Network  that:

(i)                the conditions in clause 4.2 are satisfied in relation to all Product listed by the Seller; and

(ii)              except as set out in clause 4.3, the Product will comply with the description of the Product contained in the Listing.

 

 4.2           The conditions are:

  (a)           the Seller has used only such veterinary medicines or agricultural compounds as are permitted for use in beehives or in beekeeping equipment;

   (b)         the Seller has used any permitted veterinary medicines and agricultural compounds in accordance with any approved conditions of use, instructions or label;

   (c)          all Product, other bee products and beekeeping equipment have been stored and transported under conditions which minimize exposure to contamination;

   (d)         all apiaries operated by the Seller are operated in compliance with the American Foul Brood Pest Management Strategy;

   (e)         unless paragraph (g) applies, the levels of Tutin in the Product are within acceptable levels as stated in the Animal Products Act 1999 and the Food (Tutin in Honey) Standard 2010;

   (f)           unless paragraph (g) applies, all Product listed is fit for human consumption;

   (g)          where either paragraphs (e) or (f) apply but the Product can be blended by the Buyer to acceptable levels, the listing expressly states that the Product does not meet either or both of those conditions, and all relevant guidelines issued by the Ministry of Primary Industries have been adhered to; 

   (h)         all drums will be new or reconditioned/remanufactured drums or intermediate bulk containers (IBCs); and

    (i)          all Product has been processed in RMP registered and EU listed facilities and will be transported in compliance with RCS or RMP regulations pertaining to the transfer of honey.

 

 4.3           Members acknowledge and agree that Product weight may vary between the day of weighing and the delivery date depending on a range of factors, including the number of samples taken, and accordingly, the Seller does not warrant that the Product weight on delivery will be exactly the same as that stated in the Listing.

 

 4.4           To the extent permitted by law, all other warranties, conditions or terms implied by law (including warranties or conditions of merchantability, fitness for purpose or satisfactory quality and warranties implied by the Sale of Goods Act 1908) are excluded.

 

 5.               Pre-listing and listing process

 

 5.1            A Seller wishing to list Product on the Website shall contact The Honey Network.

 

 5.2           The Seller must collect samples of its Product and:

   (a)          provide a sample of at least 250gm of each batch to The Honey Network; and

   (b)         arrange for testing of a sample of each batch, in accordance with clause 8.

 

 5.3           The Honey Network retains the right to reject Product that does not comply with The Honey Network’s quality standards.

 

 5.4          The Honey Network will create a Listing which will be published as an “Upcoming Auction”. It is the Seller’s responsibility to ensure that the information on the Listing is accurate, current, complete and includes all relevant information about payment terms, including (if applicable) that the Seller will charge the Buyer for the submission of Eligibility Documents or for pallets. 

 

 5.5           Any reference in the Listing to dollar amounts will be deemed to be to New Zealand dollars and must expressly state that the amounts exclude GST.

 

 5.6           Any reference in the Listing to Product weight must state:

   (a)         the date at which the Product was weighed;

   (b)         that Product weight may vary between the day of weighing and the delivery date depending on a range of factors, including the number of samples taken;

   (c)          that, accordingly, the Buyer accepts that the Product weight on delivery may vary from that stated in the Listing.

 

 5.7          The Seller may amend information in, or add information to, the Listing, but:

   (a)         the Listing may not contain the Seller’s contact details;

   (b)         the Listing must not offer any other items for sale, or promote any other business or website;

   (c)          the Listing may not contain terms of trade that conflict with these Terms of Trade (and if there is a conflict, these Terms of Trade prevail);

   (d)         the Seller must ensure it holds the copyright or is otherwise licensed to use any images it adds to the Listing; and

   (e)          the Honey Network reserves the right to amend or remove any Listing that it deems unsuitable or in breach of these Terms of Trade.

 

 5.8          The Listing will be entered on the Website as an Upcoming Auction.   Notice of all Upcoming Auctions will be sent to all Members.

 

 5.9          Once the Listing is entered as an Upcoming Auction, the Seller is liable to pay the Listing Fee set out in clause 9 to The Honey Network.

 

 5.10         As the results of each test undertaken pursuant to clause 5.2 are available, the Supplier must ensure that those results are added to the Listing. When the results of all tests undertaken pursuant to clause 5.2 are available, the Listing will be removed from the Upcoming Auctions list and entered as a Live Auction. Notice of the Listing becoming a Live Auction will be send to all Members.

 

 5.11        Prospective Buyers may, for the Sample Fee, order from The Honey Network a sample of any Product listed as an Upcoming Auction. The Sample Fee is $7.00 plus GST, and shall be paid to The Honey Network by credit card or Paypal.

 

5.12         The Seller must not advertise the Product referred to in a Listing through any other forum. 

 

5.13         The Seller may seek to withdraw a Listing at any time before the Listing is entered as a Live Auction or, if listed as a Live Auction, before a bid is placed, but shall be liable to pay to The Honey Network a withdrawal fee of $50.00 unless The Honey Network, in its sole discretion, waives such fee.

 

6.                Auction Process

 

6.1            PLEASE NOTE:  The Website is an online venue which connects Sellers of Product with Buyers in New Zealand.  The Honey Network does not take any part in the formation of the contract for sale of Product other than by providing the Website as a venue for Members. Consequently, although a sale through the Website is referred to as an auction, The Honey Network is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise).

 

6.2             A Live Auction will remain live for the number of Working Days specified in the Live Auction (up to 5 Working Days) from the time it is added to the Live Auctions list and will close before 4.30pm on the final Working Day.

 

6.3             The Live Auction is anonymous, and the identity of the Seller and of bidders will not be disclosed by The Honey Network.

 

6.4             A Member wishing to bid on a Live Auction may place a bid only through the Website, and not by any other means.

 

6.5             A Member who bids on a Live Auction acknowledges and agrees that:

 (a)            the bid, once placed, cannot be revoked for any reason;

 (b)            by making a bid, the Member agrees to purchase the Product and pay the Buyer’s Success Fee if its bid is successful;

 (c)             the bid is deemed to be stated exclusive of GST, so that GST will, if the bid is successful, be payable by the Buyer in addition to the amount of its bid;

 (d)            its bid will be successful if it exceeds any reserve price stated in the Listing and is the highest bid at the time the Live Auction closes and:

 (i)              at such time, a contract of sale will be formed between it as the Buyer and the Seller directly;

 (ii)            it must   complete the contract of sale and make payment of the Sale Price and the Buyer’s Success Fee by the due date for payment in accordance with clause 11;

 (iii)           its contact details will be provided to the Seller;

 (iv)           the amount of its bid will be displayed on the Website

 

 6.6            If a bid is successful and the Buyer does not complete the contract of sale, then in addition to the Seller’s remedies against the Buyer under clause 11, The Honey Network may suspend or terminate the Buyer’s membership.

 

6.7             Where there is a successful bid in the Live Auction, the Seller acknowledges and agrees that:

  (a)           a contract of sale will be formed between the Buyer and the Seller directly at the time the Live Auction closed;

  (b)           it must pay the Seller’s Success Fee by the due date for payment in accordance with clause 11;

  (c)            its contact details will be provided to the Buyer; and

  (d)           the amount of the bid will be displayed on the Website.

 

6.8            Whether you are a Seller or a Buyer, you:

  (a)           must be located in New Zealand, as Product cannot be sent from or to an address outside New Zealand;

  (b)           must not complete a transaction that relates to any Listing outside of the Honey Network’s Website or otherwise seek to avoid The Honey Network's Success Fees;

  (c)            must not seek to manipulate prices through ghost-bidding, assuming multiple roles in a single transaction or otherwise;

  (d)           must not damage, interfere with or harm the Website, or any network, or system underlying or connected to it, or attempt to do so;

  (e)           not use any unauthorised automated means to access the Website or information featured on it for any purpose;

  (f)            are responsible for any actions taken through your membership, whether or not authorised by you.

 

 7.               Sale Points

 

7.1            A Member will earn one Sale Point for every 250kgs of Product bought or sold by that Member. A member will also earn one Sale Point for every $20,000 (excluding GST) worth of Product bought or sold by that Member 

 

7.2            Each Sale Point entitles the Member to one entry into a biennial draw for an overseas trip for two to The Apimondia world beekeeping conference.

 

8.                Testing

 

8.1            The samples referred to in clause 5.2  are to be tested for the following:

(i)                All varieties: Moisture, Aerobic plate count, C4 sugars, HMF and Tutin (testing is compulsory)

(ii)              All varieties: Colour and conductivity (testing is recommended)

(iii)             Manuka/Kanuka: MG, DHA, HMF (3in1 test recommended)

(iv)             All varieties except Manuka MG 263+/NPA 10+: Pollen analysis (testing is recommended)

  

8.2             In relation to the other types of testing, the Seller must send the samples for testing to either a  laboratory selected by The Honey Network for testing or to an alternative laboratory approved by The Honey Network (such approval not to be unreasonably withheld).  

 

8.4             All sample testing is carried out at the Seller’s cost, and the relevant laboratory will invoice the Seller directly.  As at 1 June 2015, the laboratories used by The Honey Network are:

 (a)             Analytica Laboratories

 (b)            Hill Laboratories

 (c)             Massey University

 (d)         Otago University

 (e)         Waikato University

 (f)              Eurofins

 (g)         Asure Quality

 (h)         GNS Science

      These details may change from time to time.

 

8.5             If the Seller requests that The Honey Network send the samples for testing, then unless the Seller provides the necessary courier bags and sample containers, the Seller will pay, in respect of each sample sent for testing, a Sample Dispatch Fee of $7.00 plus GST.

 

8.6             All sample test results will be emailed to both The Honey Network and the Seller. 

 

9.                Listing Fee and Success Fee payable by Seller

 

9.1             The Seller’s Success Fee payable to The Honey Network is 2.5% plus GST of the Net Sale Price, and is payable in accordance with clause 11.1.  

 

9.2            The Seller’s Success Fee is not refundable by The Honey Network in any circumstances – the Seller’s sole recourse is against the Buyer.

 

10.            Success Fee payable by Buyer

 

10.1         The Buyer’s Success Fee payable by a Buyer whose bid is successful is 2.5% plus GST of the Net Sale Price, and is payable in accordance with clause 11.1. 

 

10.2         If the Buyer rejects the Product for non-compliance with the warranties set out in clause 4.1(b) or with the Transaction Terms set out in the Schedule, the Buyer may apply to the Honey Network for a refund of the Buyers Success Fee and the Honey Network will, if reasonably satisfied that a refund is appropriate, make such refund. The Buyer shall supply such supporting information with its application as the Honey Network requests.

 

   11.             Payment procedure

 

11.1          Where a Buyer’s bid is successful:

 (a)            the Buyer must pay the Buyer’s Success Fee in cleared funds to The Honey Networks’ Payments Account within 15 Working Days of the Live Auction closing;

 (b)            the Seller must pay the Sellers’s Success Fee, the Listing Fee and Sample Dispatch Fees (if any) in cleared funds to The Honey Networks’ Payments Account within 15 Working Days of the Live Auction closing; and

 (c)             upon receiving the other party’s contact details from The Honey Network after the Live Auction closes, the Seller and Buyer shall make contact to arrange between them for:

   (i)           payment of the Sale Price by the Buyer to the Seller; and

   (ii)         collection of the Product by the Buyer.

 

11.2         The Honey Network cannot accept payment of the Sale Price from the Buyer.  The Honey Network recommends that the Buyer and Seller use the escrow payment service offered by SafeKiwi (www.safekiwi.co.nz )*, adopting as the Transaction Terms the terms set out in the Schedule to these Terms.

 

* SafeKiwi Escrow is an online independent trust account which provides financial protection and promotes integrity for the buyer and supplier when exchanging goods or services. Funds are held independently of both parties under the custody of Public Trust until the Transaction Terms are met.  

 

11.3        The Honey Network reserves the right to take action against you – whether you are the Buyer or the Seller to recover outstanding debts due to us. You are liable for all expenses (including legal fees) that The Honey Network incurs when collecting that debt. 

 

12.              Delivery, title, risk and insurance

 

12.1         Title to the Product shall pass when the Seller has received payment of the Sale Price for the Product from the Buyer.

 

12.2         The Seller shall make the Product available for collection by the Buyer from the time that the Seller has received payment of the Sale Price and at such time and place as is agreed between the Buyer and the Seller.  

 

12.3         The Buyer shall, at its cost, arrange for collection of the Product and delivery of the Product from the Seller to it.  

 

12.4         Product remains at the Seller’s risk (even though title has passed) until the Product is collected by the Buyer or the Buyer’s carrier.

 

12.5         The Honey Network recommends that Sellers take at least the following precautions before the Product is made available for collection:

 (a)            apply tamper evident seals to all drums and IBC’s;

 (b)            photograph the Product being dispatched and ensure timestamps are applied;

 (c)             state the number of units, net weight and the type of units being dispatched on the carrier’s consignment note (for example, if 3 drums are being transported on a single pallet, state 3 drums rather than 1 pallet);

 (d)            reference the batch and drum identification marks on each consignment note; and

 (e)            retain a copy of the carrier’s consignment note.

 

12.6         An eligibility document (ED) must be submitted for the transfer of Product unless the Buyer agrees otherwise.

 

12.7         The Seller may only charge the Buyer for the submission of ED's and/or for pallets if so stated in the Listing.

 

13.             Intellectual Property Rights

 

13.1         The Honey Network owns or is the licensee of all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Website. 

 

13.2          You may not, in any form or by any means:

 (a)            adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or

 (b)            commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

 

14.            Privacy

 

14.1         We collect personal information about you through your use of the Website, including your registration details and information relating to your use of the Website. You agree that The Honey Network may use this personal information to assist us to provide services to you, to send you electronic newsletters and other communications, for internal research purposes, to verify your identity, to enforce or apply our Terms of Trade, for promoting and marketing our other products and services to you, and for any other use that you authorise.

 

14.2         We will not sell or allow third parties to access your personal information without your consent.

 

14.3         We release account and other personal information only when we believe release is appropriate to comply with law, cooperate with regulatory authorities, facilitate court proceedings, or to enforce or apply our Terms of Trade.

 

14.4         Electronic newsletters will contain clear and obvious instructions as to how you can unsubscribe from our mailing list. 



 

14.5         We will never require Sellers to identify the exact locations of their apiaries, and if this information is nevertheless known to us, we will never disclose it without your consent.

 

15.            Limitation of our liability

 

15.1         You acknowledge and agree that:

 (a)              all transactions between you and other Members are conducted entirely at your own risk;

 (b)              The Honey Network is not liable for:

     (i)           the conduct of any of its Members;

    (ii)          the failure of a Buyer or Seller to complete a contract of sale;

    (iii)         the content of advertisements appearing on the Website;

    (iv)         the content of third party websites, even if links to those sites are contained in the Website;

(c)             The Honey Network gives no undertakings, representations, or warranties in relation to Product listed on the Website including: 

  (i)            about ownership of any Product;

  (ii)          as to the accuracy or truth of any Listings;

  (iii)         that any Product will meet your requirements or expectations; or

  (iv)         about the ability of Members to complete a transaction, 

              and does not warrant that the Services provided through the Website will be uninterrupted, timely, secure, or error free;

  (d)             to the maximum extent permitted by law, The Honey Network disclaims and     excludes:

   (i)           all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; and

   (ii)         any and all liability to you or any other person under or in connection with these Terms of Trade, the Website, the Services or another Member's acts or omissions regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise; and

   (iii)        all liability in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. 

 

15.2          In any event, the maximum liability of The Honey Network to you under these Terms of Trade for any event or series of related events shall not exceed $2,000.00.

 

16.             Your liability

 

16.1         Without limiting any other rights and remedies available to the Honey Network, if you breach these Terms of Trade the Honey Network may limit your activities on the Website, remove your bids or listings, warn other Members of your actions, issue a warning to you, or suspend or terminate your membership. 

 

16.2         You agree to indemnify The Honey Network from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms of Trade or your failure to complete a transaction.

 

17.            General terms

 

17.1         Availability of the Website:  The Honey Network will use its reasonable endeavours to ensure the availability of the Website, subject to any downtime required for maintenance. However, The Honey Network takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website being unavailable or for the corruption of any data or information held by The Honey Network. 



 

17.2         Disputes between Members: As the Honey Network is not a party to any sale or transaction between Members, you agree not to involve, or attempt to involve, The Honey Network in any dispute or in the resolution of disputes that arise between you and another Member.

 

17.3         Force Majeure:  The Honey Network has no liability for any lack of performance, unavailability or failure of Website, or for any failure of the Honey Network to comply with these Terms of Trade, where the same arises from any cause reasonably beyond the control of The Honey Network.  Similarly, you will not be liable for any failure to comply with these Terms of Trade where the same arises from any cause reasonably beyond your control.

 

17.4         No waiver:  If we do not exercise or enforce any right available to us under these Terms of Trade, it does not constitute a waiver of those rights. 

 

17.5         Partial invalidity:  If any provision of these Terms of Trade becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms, which shall continue in full force and effect. 

 

17.6         Governing law:  
These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

 

17.7         Entire agreement:  These Terms of Trade supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitute the entire agreement, between the parties, relating to the subject matter of these Terms of Trade. 



18.             Definitions

 

18.1         Buyer means a Member whose bid on a Live Auction is successful;

18.2         Buyer’s Success Fee means the fee referred to in clause 10;

18.3         GST means goods and services tax under the Goods and Services Tax Act 1985;

18.4         Listing means a listing on the Website through which a Buyer offers to sell Product;

18.5         Listing Fee means the fee referred to in clause 9;

18.6         Member means a registered member of The Honey Network;

18.7         Net Sale Price means the Sale Price excluding any GST;

18.8         Payments Account means the bank account maintained by The Honey Network in accordance with clause 11;

18.9         Product means New Zealand bulk honey;

18.10      Sale Price means the amount of the successful bid at the time a Live Auction closes plus GST (if any);

18.11      Sample Dispatch Fee means the fee referred to in clause 8.5;

18.12      Sample Fee means the fee payable by prospective Buyers referred to in clause 5.11;

18.13      Seller means any person placing a Listing (whether or not the Listing is successful);

18.14      Seller’s Success Fee means the fee referred to in clause 9;

18.15      Services means any one or more of the services offered by The Honey Network Limited from time to time, including online auctions;

18.16      Success Fees means the Buyer’s Success Fee and the Seller’s Success Fee;

18.17      Terms of Trade means these Terms of Trade (Bulk Honey Auction Procedure) as amended from time to time;

18.18      The Honey Network, and 'we', 'us' and 'our' are each a reference to Honey Network Limited;

18.19      Website means the Honey Network website (www.honeynetwork.co.nz and www.honeynetwork.com ) through which the Services are offered;

18.20      Working Day means a day other than a Saturday, Sunday or a public holiday in the Bay of Plenty, New Zealand; and

18.21     'You' and 'your' are a reference to you, the Member or prospective member bound by, or to be bound by, these Terms of Trade.

 

 

SCHEDULE

TRANSACTION TERMS

 

The Transaction Terms between the Buyer and the Seller (for the purposes of the SafeKiwi Escrow payment service, and otherwise) are:

 

1.                Where the Buyer’s bid is the successful bid in a Live Auction, the Buyer is bound to buy, and the Seller is bound to sell, the Product at the Sale Price, subject to these Transaction Terms.

 

2.                The Seller warrants that:

 (a)            the Seller has used only such veterinary medicines or agricultural compounds as are permitted for use in beehives or in beekeeping equipment;

 (b)            the Seller has used any permitted veterinary medicines and agricultural compounds in accordance with any approved conditions of use, instructions or label;

 (c)             all Product, other bee products and beekeeping equipment have been stored and transported under conditions which minimize exposure to contamination;

 (d)            all apiaries operated by the Seller are operated in compliance with the American Foul Brood Pest Management Strategy;

 (e)            unless paragraph (g) applies, the levels of Tutin in the Product are within acceptable levels as stated in the Animal Products Act 1999 and the Food (Tutin in Honey) Standard 2010;

 (f)              unless paragraph (g) applies, all Product listed is fit for human consumption;

 (g)             where either paragraphs (e) or (f) apply but the Product can be blended by the Buyer to acceptable levels, the listing expressly states that the Product does not meet either or both of those conditions, and all relevant guidelines issued by the Ministry of Primary Industries have been adhered to;

 (h)            all drums will be new or reconditioned/remanufactured drums or intermediate bulk containers (IBCs); and

 (i)              all Product must be processed in RMP registered and EU listed facilities and transported in compliance with RCS or RMP regulations pertaining to the transfer of honey.

3.                The Seller warrants that, except as set out in clause 4, the Product will comply with the description of the Product contained in the Listing. 

 

4.                The Seller does not warrant that the Product weight on delivery will be exactly the same as that stated in the Listing, and the Buyer acknowledges and agrees that Product weight may vary between the day of weighing and the delivery date depending on a range of factors, including the number of samples taken.

 

5.                To the extent permitted by law, all other warranties, conditions or terms implied by law (including warranties or conditions of merchantability, fitness for purpose, satisfactory quality or compliance with description and warranties implied by the Sale of Goods Act 1908) are excluded.

 

6.                Forthwith after the Live Auction closes, the Seller and Buyer shall make contact to arrange between them for:

 (a)            payment of the Sale Price by the Buyer to the Seller; and

 (b)            collection of the Product by the Buyer.

 

7.                If the Seller and Buyer agree to use the SafeKiwi Escrow payment service, then unless they agree otherwise, they shall each bear 50% of the costs of using that service.

 

8.                The Buyer shall, in the manner and by the due date agreed between the Buyer and Seller, pay the Sale Price for the Product.

 

9.                Title to the Product shall pass when the Seller has received payment of the Sale Price for the Product from the Buyer.

 

10.             If the Buyer does not pay the Sale Price to the Seller in the manner agreed by the due date for payment, the Seller may, without prejudice to any other rights or remedies available to it:

 (a)            sue the Buyer for specific performance; or

 (b)            cancel the contract of sale and sue the Buyer for damages.

 

 11.           The Product remains at the Seller’s risk (even though title has passed) until the Product is collected by the Buyer or the Buyer’s carrier.

 

12.            The Seller shall make the Product available for collection by the Buyer from the time that the Seller has received payment of the Sale Price and at such time and place as is agreed between the Buyer and the Seller.

 

13.             Where payment is by instalments, the Seller is obliged to make available only that quantity of Product for which the Buyer has paid.

 

14.             The Buyer shall, at its cost, arrange for collection of the Product and delivery of the Product from the Seller to it.

 

15.             An eligibility document (ED) must be submitted for the transfer of Product unless the Buyer agrees otherwise.  The Seller may only charge the Buyer for the submission of ED's and/or for pallets if so stated in the Listing.

 

16.            The Buyer shall have 12 working days (or such other period of time as the Buyer and Seller agree) from the date of collection of the Product by it or its carrier to reject the Product for non-compliance with these Transaction Terms.  If the Buyer has not notified the Seller by the end of that period that it rejects the Product, the Buyer shall be deemed to have accepted the Product and shall be bound to release the Sale Price (where the parties are using the SafeKiwi Escrow payment service) or otherwise to complete its obligation to pay the Sale Price.

 

17.             If the Buyer rejects the Product in accordance with clause 16, it shall make the Product available for collection by the Seller and notify the Seller of where and when the Product can be collected. 

 

18.         If the Buyer rejects the Product for non-compliance with these Transaction Terms, the Buyer may apply to The Honey Network for a refund of the Buyer’s Success Fee and The Honey Network will, if reasonably satisfied that a refund is appropriate, make such refund.  The Buyer shall supply such supporting information with its application as The Honey Network requests.  Currently, the required information is:

  (a)        A copy of the transport operator consignment note for the returned Product;

  (b)           A printed copy of the eCert for the returned Product;

  (c)            Copies of laboratory test results showing discrepancies with the listed Product test results; and

  (d)           Samples of the Product in question to compare with The Honey Network library samples.